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HomeMy WebLinkAbout08-0183f- COMMONWEALTH OF PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. . MATTHEW NICASTRO, D/B/A NICASTRO CHIROPRACTIC CLINIC 1224 HOLLY PIKE CARLISLE, CUMBERLAND COUNTY, PA AND 08-183-CIVIL TERM COMMERCE BANK BUSINESS ACCOUNT NO. 0513041871 CP-21-MD-0011-2008 PRAECIPE TO INDEX LIS PENDENS TO THE PROTHONOTARY: Kindly index Lis Pendens in the above-captioned matter against Matthew M. NiCastro; Nicastro Chiropratic Clinic, 1224 Holly Pike, Carlisle, South Middleton Township, Cumberland County, PA; and Commerce Bank Business Account No. 0513041871 as more particularly described in the attached Notice of Lis Pendens. Date: January 10, 2008 Matthew P. Smith Senior Assistant District Attorney s • ~ 7 COMMONWEALTH OF PENNSYLVANIA V. MATTHEW NICASTRO, D/B/A NICASTRO CHIROPRACTIC CLINIC 1224 HOLLY PIKE CARLISLE, CUMBERLAND COUNTY, PA AND COMMERCE BANK BUSINESS ACCOUNT NO. 0513041871 . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 0~ ~ t ~3~ Civ4 ~~~. CP-21-CV- -2008 CP-21-MD-0011-2008 PRAECIPE TO INDEX LIS PENDENS TO THE PROTHONOTARY: Kindly index Lis Pendens in the above-captioned matter against Matthew M. NiCastro for the property and real estate located at 1224 Holly Pike, Carlisle, South Middleton Township, Cumberland County, as more particularly described in the attached Notice of Lis Pendens. Date: January~Q, 2008 Matthew P. Smith Senior Assistant District Attorney i 1 C`1 r'' ,-- ° ~ ~ d ~ ~': D ~r'' ~ -0~j ~ ' ~ `J t i [a ~ ~ t , ~• \ - ~ i ^f~ at - 1~ O .. `'~ p`y~~••~ V/ ~1 l' COMMONWEALTH OF PENNSYLVANIA V. MATTHEW NICASTRO, D/B/A NICASTRO CHIROPRACTIC CLINIC 1224 HOLLY PIKE CARLISLE, CUMBERLAND COUNTY, PA AND COMMERCE BANK BUSINESS ACCOUNT NO. 0513041871 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA a~ - J 83 C ivi ~ Te~-M CP-21-CV- -2008 CP-21-MD-0011-2008 NOTICE OF LIS PENDENS NOTICE IS HEREBY GIVEN that an action has been commenced and is now pending in the Cumberland County Court of Common Pleas, at CP-21-MD-0011-2008, on the Commonwealth's Application for Temporary Restraining Order and Injunction against real property under the name of Matthew M. NiCastro, at 1224 Holly Pike, Carlisle, Cumberland County, Pennsylvania, Parcel Number 40-23- 0600-008. A copy of said Application is attached hereto and marked as Exhibit "A". The purpose of said action is to preserve the availability of the real property to satisfy an anticipated restitution order in a criminal case. The real property is more particularly described as follows: ALL THAT CERTAIN lot of ground situate, lying and being in the Township of South Middleton, Cumberland County, Pennsylvania, bounded and described, as follows: BEGINNING at a point on the west side of the Old Turnpike Road running from Carlisle to Mt. Holly Springs, now State Highway Route No. 34, said point being the northeast corner of the lot now or formerly of Arthur J. and Lettie Z. Burkholder; thence with the same, North 76 degrees 30 minutes West, 320.6 feet to lands now or formerly of William J. Meredith; thence with the same, North 13 degrees East, 165 feet, more or less, to the line of the property now or formerly of the George H. Steward Estate; thence with the same, South 76 degrees 30 minutes East, 320.6 feet to an iron pin on the western line of said Turnpike Road; thence with the same, South 13 degrees .West, 165 feet, more or less, to the Place of BEGINNING. All inquiries should be directed to the undersigned. Date : January ~d, 2008 M tthew P. Smith Senior Assistant District Attorney COMMONWEALTH OF PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSY LVANIA V. ~ C-~ N MATTHEW NjICASTRO, D/B/A -'1.. ~w:~c:~ ~"~ NICASTRO CHI~tOPRACTIC CLINIC r~~r- , ,r,..~ ~-- 1224 HOLLY'' PIKE CARLISLE, ~ ° '""~ CUMBERLAND COUNTY, PA AND c_~~ ~:=; ~ COMMERCE SANK BUSINESS ~"':> - , ACCOUNT NO. 0513041871 c - ; -~ CP-21-MD-0011-2008 C:~c.:.. -~ ` tV _ APPLICATION FOR TEMPORARY RESTRAINING ORDER- N AND .INJUNCTION PURSUANT TO 42 Pa.C.S.A. §9728 (e) AND NOW, comes Matthew P. Smith, Senior Assistant Dis trict Attorney of Cumberland County, Pennsylvania, who respectfully avers as follows: 1. On or about June 5, 2006, the Special Investigations Unit ("SIU") for Highmark Blue Shield received a complaint on their Fraud Hotline alleging that Dr. Matthew M. NiCastro or NiCastro Chiropractic Clinic was billing for services not rendered. 2. After an investigation by the "SIU" and the Cumberland County District Attorney's Office, Criminal Investigation Division ("CID"), it was determined that as of February 5, 2007, NiCastro had approximately 438 patients. 3. An examination of the billing records of those 438 patients from the date of December 20, 2003, to December 27, 2006, revealed a systemic pattern of fraud. 4. On numerous occasions, NiCastro billed for duplicative services; that is billed two codes for a service that should have been billed with one code (commonly known as bundling/unbundling services. For example, on July 7, 2005, August 4, 2005, and February 10, 2006, NiCastro billed the 97124 (Massage Therapy) and 98942 (spinal Manipulation) codes, when the 98942 code typically includes the massage already delineated by the 97124 code. 5. NiCastro also billed a number of impossible days; that is billed codes that added up to more minutes than exist in a typical workday. For example, NiCastro billed 18 hour days on June 19, 2006, August 7, 2006, and September 11, 2006 respectively. The average workday for a solo practitioner is eight to nixie hours . 6. Simiilarly, on numerous occasions, NiCastro not only inflated the number of services performed, he billed for services not rendered at all. For example on January 5, 2006, he billed four units (totaling one (1) hour) of the 97110 code (Therapeutic Exercise) that was not even rendered. 7. Fu~`ther, NiCastro utilized three Certified Massage Therapists C"CMT") and billed Highmark for their services. However, those services for massage therapy are only reimbursed when the dodtor himself performs the treatment, or if he is in direct supe~`vision of another licensed provider. Certified Massage Therapists are not licensed providers in Pennsylvania. All three of the "CMT's" indicated to investigators that they were never employees of NiCastro's practice, only independent contractors. All provided similar descriptions of how Nicastro would refer patients, and how they were reimbursed for their services. Nicastro, in turn, would bill Highmark as if the "CMT's" were directly employed and directly supervised by him when they preformed their services. 8. From the dates of December 20, 2003, to December 27, 2006, Highmark Blue Shield estimates that Nicastro fraudulently billed the company between $318,524.25 and $477,703.35 dollars. 9. As of November 30, 2007, Matthew M. Nicastro had $42,168.24 in a Commerce Bank Business account under the name of Matthew Nicastro, D/B/A Nicastro Chiropractic Clinic, account no. 0513041871. 10. Nicastro physically did business in at least three locations: 1224 Holly Pike, Carlisle, PA 17013; Gold's Gym in Carlisle, P~, and 210 Forge Road, Boiling Springs, PA. 11. Matthew M. Nicastro wholly owns 1224 Holly Pike, Carlisle, PA 17013 by deed recorded February 1, 2002, book number 250, page 1254, by the Cumberland County Recorder of Deeds. 12. As of January 3, 2.008, the 1224 Holly Pike, Carlisle, PA, business address was listed for sale. 13. Under 42 Pa.C.S.A. ~ 9728, the Commonwealth may make application to the Court to enter a restraining order or injunction to preserve the availability of property which may be necessary to satisfy an anticipated restitution order. 14. The Commonwealth believes, and therefore, avers that there is a substantial probability that: a) the Commonwealth will prevail on the underlying criminal charges; b) restitution will be ordered exceeding $10,000.00 in value; c) the wholly owned business banking account and 1224 Holly Pike, Carlisle, PA, property will be necessary to satisfy such restitution order; d) failure to enter such an order will result in the account being liquidated, and the property being sold or otherwise being made unavailable. 15. The need to preserve the availability of the properties outweighs the hardship placed upon NiCastro in that: a) there is a substantial probability that if convicted of a felony, Matthew M. NiCastro's chiropractic license will either be suspended or revoked by the Pennsylvania Department of State; b) if Matthew M. NiCastro's chiropractic license is suspended or revoked by the Pennsylvania Department of State, Highmark Blue Shield will drop him as a provider; c) Matthew M. NiCastro does a substantial part of his business through Highmark Blue Shield; d) Matthew M. NiCastro also does business with Medicare and Medicare will revoke his credentials; e) therefore, Matthew M. NiCastro may liquidate existing properties and accounts to satisfy business debts and thus make those funds unavailable to satisfy a restitution order; f) Matthew M. NiCastro owns property in tenancy with his wife Jennie M. NiCastro, at 3 Buttonwood Court, Boiling Springs, PA 17007, valued at $342,830.00. This property would be unavailable to satisfy a restitution order, but would be available to satisfy personal debts; g) As of January 20, 2006, Jennie M. NiCastro was employed by Capital Region Sleep Disorders and her listed income as of 2005 Federal Tax returns was $38,724.00. As of January 4, 2008, Jennie M. NiCastro was employed as a state licensed esthetician at The Aesthetics Gallery, Ltd. h) Until such time as Matthew M. NiCastro is convicted, he will remain licensed to practice, and therefore, will be able to receive income. 16. Criminal charges will be filed contemporaneously with this motion and will consist of Theft by Deception and Insurance Fraud. 17. Under 42 Pa.C.S.A. § 9728(f), the Commonwealth believes, and therefore avers, there is probable cause to believe the property appears to be necessary to satisfy an anticipated restitution order and that provision of notice under this section of an impending injunction will jeopardize the availability of said property to satisfy an anticipated restitution order. .~. Therefore, the Commonwealth requests a Temporary Restraining Order ("TRO") prior to a hearing on said matter. WHEREFORE, the Commonwealth respectfully requests this Honorable Court to enter a Temporary Restraining Order enjoining Matthew M. NiCastro from selling, transferring, assigning, encumbering, or committing waste to the real property of 1224 Holly Pike, Carlisle, PA, 17013 and to seize and freeze the business account of Matthew M. NiCastro, D/B/A Nicastro Chiropractic Clinic, Commerce Bank account no. 0513041871 in order to preserve the availability of said real property and bank account to satisfy an anticipated restitution order until a hearing can be held on the matter. Respectfully submitted, Mat ew P. Smith Senior Assistant District Attorney rv ; :.<. ~-~ - C7 ~ C-:7 _ ~ ~ ~' _ ; -r, _ ~,. C") .. .. ',~ i't7 --j .. ~ 1 --:.